Chabrowski v. Bank of America NA et al

Filing 16

ORDER: IT IS ORDERED that Plaintiff's Motion to Remand Cause to State Court (Doc. 8 ) is DENIED [see attached Order for details]. Signed by Senior Judge James A Teilborg on 7/20/17.(MAW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Derek Jahn Chabrowski,
Plaintiff,

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ORDER

v.

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No. CV-17-08111-PCT-JAT

Bank of America NA, et al.,

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Defendants.

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Pending before the Court is Plaintiff Derek Chabrowski’s Motion to Remand
Cause to State Court. (Doc. 8). The Court now rules on the Motion.

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Defendants removed this case to this Court in a timely manner on the ground that

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it contains issues of federal law under the Protecting Tenants at Foreclosure Act of 2009

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and 12 U.S.C. § 5220; thus, Defendants claim federal question jurisdiction. (Doc. 1).

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Defendants further claim supplemental jurisdiction over all other claims because they

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relate to the federal claims that form part of the same case or controversy. (Id.). Plaintiff

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argues that remand is appropriate on the ground that diversity jurisdiction does not exist

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in this case. (Doc. 8 at 1).

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Federal question jurisdiction exists in this case because the claims under the

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Protecting Tenants at Foreclosure Act of 2009 and 12 U.S.C. § 5220 arise under federal

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laws. See 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction of all

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civil actions arising under the Constitution, laws, or treaties of the United States.”).

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Further, this Court has supplemental jurisdiction over the state law claims under

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28 U.S.C. § 1367 because the other claims are part of the same case or controversy giving

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rise to original jurisdiction. Because, subject matter jurisdiction exists in this case through

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federal question jurisdiction and supplemental jurisdiction, diversity jurisdiction is not

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necessary.

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Accordingly,

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IT IS ORDERED that Plaintiff’s Motion to Remand Cause to State Court

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(Doc. 8) is DENIED.
Dated this 20th day of July, 2017.

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